Legal Opinion
County of Santa Clara v. Wilson
California Court of Appeal
Decided September 11, 2003No. H024865PublishedCited by 1 opinion
1Opinion of the Court
Opinion
MIHARA, J.
Plaintiff County of Santa Clara (the County) challenges the superior court’s order eliminating four months of child support arrears that accrued prior to defendant Omar Wilson filing a modification motion. The County contends that the court lacked the power to forgive accrued child support arrears. Wilson claims that the court had the equitable power to do so. We conclude that the court lacked the equitable power to forgive accrued child support arrears in violation of Family Code section 3651, subdivision (c) in response to Wilson’s modification motion and reverse the…
2Cases cited4 opinions
- Parker v. ParkerCalifornia Supreme Court · 1928
- Adelman v. Associated Internat. Ins. Co.California Court of Appeal · 2001
- In Re Marriage of SandyCalifornia Court of Appeal · 1980
- Dupont v. DupontCalifornia Court of Appeal · 2001